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HomeMy WebLinkAboutR1977-13 Eagle County Dog Resolutionn RESOLUTION or THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO A RESOLUTION AMENDING THE EAGLE COUNTY DOG CONTROL RESOLUTION OF 1977 WIiEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as the "Board," is authorized by Sections 30 -15 -101, et seq., C.R.S. 1973, as amended, and 25 =4 -601, et seq., C.R.S. 1973, as amended, to adopt a resolution for the control and licensing of dogs; and WHEREAS, the Board did no July 26, 1977, pass a Resolution known as the Eagle County Dog Control Resolution of 1977; and WHEREAS, the Board finds that certain amendments are necessary and proper to the Eagle County Dog Control Resolution of 1977; and WHEREAS, the Board finds that such amendments are necessary and proper for the public health, welfare and safety; NOW THEREFORE, be it resolved by the Board of County Commissionez County of Eagle, State of Colorado, that the following Resolution be and is hereby adopted: I. That the Eagle County Dog Control Resolution of 1977, adopted by this Board on July 26, 1977, is amended in part as follows: A. Section 2, Subparagraph G. - "Kennel" - is hereby amended in its entirety to read as follows: A person, entity or operation which is licensed or permitted by the State of Colorado and /or the County and which keeps and maintains r dogs for sale, resale, boarding, breeding, shoo, hunting or other commercial or recreational purposes. B. Section 6.A. is amended in its entirety to read as follows: The regular fee for both the license and the tag shall be $10.00 for a castrated male dog or a spayed female dog and $20.00 for a female dog not spayed or a male dog not castrated. C. Section ll.A. is amended in its entirety to read as follows: It shall be unlawful for a dog owner to permit his or her dog to run at large; a dog shall be deemed to be running at large when off or away from the property or premises of the dog owner and not under the control of such owner or a responsible member of the owner's family or an employee or agent of the owner, either by leash, rope, or chain, not more than twenty (20) feet in length. v� D.. Section 14.B. is amended in its entirety to read as follows: Provided, however, that after said ten days, in lieu of having said dog destroyed, the County Anim.tl Control officer may release any such clog, if uncla.il,1 •<1 and not diseased, to a bona fide humane society; or with respect to a stray dog, to a person having no previous interest in said dog in accordance with the provisions of this Resolution and, upon the payment of an adoption fee of $25.00. Upon payment of said adoption fee there shall be neither additional charge for the current year's license nor any charges for daily boarding. Provided, however, at the time of adoption the sum of $12.50 shall be deposited with the County Animal Control Officer to guarantee the subject animal shall be spayed or neutered. If within six months from the time of adoption satisfactory written evidence is presented to the County Animal Control Officer that the subject animal has been spayed or neutered, then said deposit shall be returned to the-respective person. E. By the addition of Section 25 to read as follows: There is created hereby a Dog Control Board of Appeals which shall consist of three members appointed by the Board of County Commissioners of the County of Eagle, State of Colorado, to hear and decide appeals as provided hereunder. Until such time as said Board is appointed and duly organized, the Board of County Commissioners of the County of Eagle, State of Colorado, shall act as said Dog Control Board of Appeals. 1. Members of the Board of Appeals shall be appointed for terms of two years or until the respective member's successor has been appointed. where any member is appointed to fill a vacancy occuring during the term of 'a member, the successor's term shall run until the expiration of the term of the member he succeeds. After the appointment of the initial Board, the Board of Appeals shall appoint from its membership a chairman and a secretary who shall keep a written record of all proceedings of the Board. The Board of Appeals shall pass such rules and regulations reasonable and necessary for carrying out its duties, subject to approval and direction of the Board of County Commissioners. 2. Any dog owner aggrieved by the decision to destroy said owner's respective dog by the County Health Officer, or County Animal Control Officer., or the County Sheriff or any of their respective deputies t k or assistants in the enforcement of the County Dog Resolution may appeal such decision to the Board of Appeals. 3. An appeal must be received by the Secretary of the Board of Appeals not later than five (5) days after impoundment of a dog, said notice of appeal shall be in writing and set forth the basis for appealing the decision. In the event a Board of Appeals has not been appointed, then said notice of appeal shall be delivered to the Clerk of the Board of County Commissioners. 4. Upon receipt of said notice of appeal, the Secretary or the Clerk, as may be the .case, shall immediately advise the County Animal Control Officer to stay the destruction of the subject dog; and shall schedule a hearing on said appeal which shall .be the next meeting of either the Board of Appeals or the Board of County Commissioners. The Secretary or Clerk shall thereupon mail written notice of the date, time and place of said hearing to the individual appealing and the County Animal Control Officer and the investigating enforcement officer involved in the specific case, if any. 5. Said appeal hearings shall be public and the Board of Appeals may adopt reasonable rules and regulations for the conduct of such hearings. 6. The Board of Appeals shall issue its findings and rulings thereon in writing not later than ten days (10) after any hearing. The Secretary or Clerk, as may be appropriate, shall mail copies of the findings and rulings to the County Animal Control Officer and to the person appealing. 7. No dog shall be destroyed when proper appeal of said destruction has been made by the owner of said dog until the exhaustion of all appeal rights that the owner may have. In the event the appealing owner shall not receive a favorable decision and said owner shall have exhausted, or failed to have exhausted all appeal rights, then said owner shall be liable to the County for the costs of boarding the subject dog during the period of appeal. 8. Any further appeal from a decision of the Board of Appeals shall be made to the District Court in and for the County of Eagle, State of Colorado, as provided by law, provided, however, that any such appeal to the District Court shall be made no later than twenty (20) clays after the date of a decision by the Board of Appeals. -3- 4 II. A. The repeal and re- enactment of any of the above sections of the Eagle County Dog Control Resolution of 1977 shall not constitute a bar to the enforcement of any violations of the sections so repealed or re- enacted, or the prosecution and punishment of any act or acts already committed in violation of said sections so repealed or so re- enacted. All sections repealed by this Resolution shall remain in full force and effect for the purposes of sustaining any and all actions to enforce the same, suits, proceedings, prosecutions instituted, and the penalties imposed therefore, which arose prior to the effective date of this Resolution. B. All sections or parts of sections of the Eagle County Dog Control Resolution of 1977 in conflict or inconsistent herewith, are hereby repealed, provided, however, that the repeal of any section or parts of sections of the Eagle County Dog Control Resolution of 1977 shall not revive any other section of said Resolution heretofore repealed or superseded. C. If any part or parts hereof are held to be invalid, unconstitutional, or void, such shall not affect the remaining portions of this Resolution. III. This Resolution shall be effective from and after October 5, 1977. IV. Any person having purchased a dog license and tag during the period of August 8, 1977 to October 5, 1977, for the license year 1977, shall upon producing the official receipt for the payment of said license fee be entitled to and receive a credit, as set forth below, towards a 1978 dog license Said credit shall be in the amount of $10.00. In no event shall said credit be applicable to any license obtained and paid for prior to August 8,1977. V. The Board of County Commissioners hereby finds, determines and declares that this Resolution is necessary for the i-mmediate preservation of the public health, safety and welfare. MOVED, READ AND UNANIMOUSLY ADOPTED, at a special meeting of the Board of County Commissioners, County of Eagle, State of Colorado, held on October 5, 1977. ATTEST: BY Clerk of 't e Board of County CCmmissioners ( S E A L) COUNTY OF EAGLE, STATE OF COLORADO By and through its Board of County Commissioners By: '� 7 Keith Troxel, Chairman